The High Court is set to decide today whether to forward cases challenging the impeachment process of Deputy President Rigathi Gachagua to the Chief Justice for the establishment of a bench to address the issue.
In court on Wednesday, Gachagua, represented by Senior Counsel Paul Muite, Elisha Ongoya, and others, argued that impeachment in a presidential system should not be based solely on numbers in the National Assembly. He emphasized that there must be clear evidence of gross constitutional violations.
As this is the first impeachment of a Deputy President, the legal team asserted that the right to a fair trial is paramount. They noted the differing procedures for impeaching governors versus the President and Deputy President, advocating for the referral to the Chief Justice to appoint a bench for these significant constitutional matters.
On Tuesday, 282 MPs voted to impeach Gachagua, while Speaker of the National Assembly Moses Wetangula conducted the vote after only 44 of the needed 117 MPs voted against the motion.
Gachagua is now relying on the Senate to overturn the decision, needing 23 senators to defeat the motion initiated by Kibwezi West MP Mwengi Mutuse. He has consistently claimed that there was inadequate public participation prior to his impeachment.
Muite stressed that these issues are critical in a presidential system, where the sovereignty of the electorate is at stake. He argued that the lack of proper public participation deprives citizens of their right to express their sovereignty.
In response, the National Assembly Speaker contended that the issues raised by the Deputy President have become moot since a resolution was already passed by a large majority. He added that the Senate is currently addressing the matter and that the court should refrain from issuing futile orders.
Advocate Benson Milimo, representing the Speaker, argued that there are no significant issues warranting the referral to the Chief Justice. He maintained that the National Assembly had met its public participation obligations and that votes are the mechanism for impeaching the Deputy President.
At least 22 petitions concerning Gachagua’s impeachment have been filed nationwide, with five presented before Justice Mugambi today and others before Justice Chacha Mwita. One petition, filed by Nicholas Mweu, includes both the National Assembly and the Senate as parties. The judges suggested that it would be appropriate for the Principal Judge of the High Court to manage the cases and make administrative decisions regarding their consolidation.
